Smith v. Sacramento Municipal Court

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/24/12 recommending that this action be dismissed re 1 Complaint. These Findings and Recommendations are submitted to U.S. District Judge Kimberly J. Mueller. Objections to these F&Rs due within fourteen days after being served with these Findings and Recommenations. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH SMITH,

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Plaintiff,

No. CIV S-12-620 KJM CKD PS

vs.

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SACRAMENTO MUNICIPAL COURT,

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Defendant.

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FINDINGS & RECOMMENDATIONS
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By order filed March 13, 2012, plaintiff’s complaint was dismissed and thirty days

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leave to file an amended complaint was granted. The thirty day period has now expired, and

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plaintiff has not filed an amended complaint. Although plaintiff filed a document on April 4,

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2012, the document does not appear to be an amended complaint and does not set forth any basis

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for subject matter jurisdiction.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed
without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

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days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge's
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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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Dated: April 24, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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smith-sacmuni.fta

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